Title 42 — The Public Health and WelfareRelease 119-73

§10171 Financial arrangements for low-level radioactive waste site closure

Title 42 › Chapter CHAPTER 108— - NUCLEAR WASTE POLICY › Subchapter SUBCHAPTER I— - DISPOSAL AND STORAGE OF HIGH-LEVEL RADIOACTIVE WASTE, SPENT NUCLEAR FUEL, AND LOW-LEVEL RADIOACTIVE WASTE › Part Part D— - Low-Level Radioactive Waste › § 10171

Last updated Apr 6, 2026|Official source

Summary

The Nuclear Regulatory Commission must make rules, after public notice and following the process in section 2231, that require anyone getting a license to dispose of low-level radioactive waste to put up a bond, surety, or other financial guarantee. Those guarantees must be approved by the Commission (or by the State for sites inside an agreement State under section 2021) before a disposal license is issued, or for licenses already in effect on January 7, 1983, before those licenses end. If a site needs long-term upkeep or monitoring, the licensee must provide money or a guarantee to pay for that after the license ends. The Secretary of Energy can take title and custody of waste and the land after a license ends if the Commission finds cleanup rules were met, the transfer is free to the federal government, and federal ownership is needed to protect health and the environment. If the Secretary takes a site, the Secretary must keep it safe. For waste from recovering zirconium, hafnium, and rare earths, the Secretary will take title when the site is cleaned and the owner has approved long-term financial arrangements.

Full Legal Text

Title 42, §10171

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)The Commission shall establish by rule, regulation, or order, after public notice, and in accordance with section 2231 of this title, such standards and instructions as the Commission may deem necessary or desirable to ensure in the case of each license for the disposal of low-level radioactive waste that an adequate bond, surety, or other financial arrangement (as determined by the Commission) will be provided by a licensee to permit completion of all requirements established by the Commission for the decontamination, decommissioning, site closure, and reclamation of sites, structures, and equipment used in conjunction with such low-level radioactive waste. Such financial arrangements shall be provided and approved by the Commission, or, in the case of sites within the boundaries of any agreement State under section 2021 of this title, by the appropriate State or State entity, prior to issuance of licenses for low-level radioactive waste disposal or, in the case of licenses in effect on January 7, 1983, prior to termination of such licenses.

(2)If the Commission determines that any long-term maintenance or monitoring, or both, will be necessary at a site described in paragraph (1), the Commission shall ensure before termination of the license involved that the licensee has made available such bonding, surety, or other financial arrangements as may be necessary to ensure that any necessary long-term maintenance or monitoring needed for such site will be carried out by the person having title and custody for such site following license termination.

(b)(1)The Secretary shall have authority to assume title and custody of low-level radioactive waste and the land on which such waste is disposed of, upon request of the owner of such waste and land and following termination of the license issued by the Commission for such disposal, if the Commission determines that—

(A)the requirements of the Commission for site closure, decommissioning, and decontamination have been met by the licensee involved and that such licensee is in compliance with the provisions of subsection (a);

(B)such title and custody will be transferred to the Secretary without cost to the Federal Government; and

(C)Federal ownership and management of such site is necessary or desirable in order to protect the public health and safety, and the environment.

(2)If the Secretary assumes title and custody of any such waste and land under this subsection, the Secretary shall maintain such waste and land in a manner that will protect the public health and safety, and the environment.

(c)If the low-level radioactive waste involved is the result of a licensed activity to recover zirconium, hafnium, and rare earths from source material, the Secretary, upon request of the owner of the site involved, shall assume title and custody of such waste and the land on which it is disposed when such site has been decontaminated and stabilized in accordance with the requirements established by the Commission and when such owner has made adequate financial arrangements approved by the Commission for the long-term maintenance and monitoring of such site.

Reference

Citations & Metadata

Citation

42 U.S.C. § 10171

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73